Public commentators have recently argued, out of deep frustration, that Biden Administration border officials should be prosecuted for failure to enforce laws, protect citizens, and do their job – that is, for permitting human and drug traffickers to penetrate the US southern border.
The argument is appealing, but hard to do. Biden officials are surely complicit in undermining US public health and safety, glibly letting human and drug trafficking explode, overdoses topping 100,000 annually, and illegal aliens pouring over the southern border. People are angry!
Objectively, policies were upended a year and a half ago. The border wall, travel ban, and Trump executive orders were halted, including the Trump executive order “to employ all lawful means to enforce the immigration laws of the United States.”
Biden and cabinet have issued executive orders limiting enforcement actions, limiting deportations, shipping illegals to the interior, and objectively endangering public health and safety. 6000 ICE enforcement officers have averaged one arrest every two months.
Any illegals, unless caught, are free to roam – unless convicted of a crime. Case by case evaluation requirements favor illegal crossers. We saw 1.3 million illegal crossers between January and September 2021, the highest for such a period. This does not count “got aways,” roughly 1000 a day.
Meantime, drug trafficking and foreign source overdoses exploded. Roughly 12 percent of unaccompanied minors have COVID, and after May 2022, Biden will no longer enforce Title 42, which protects Americans from border crossers with communicable diseases.
Anecdotal data is as infuriating, with “planeloads of undocumented migrant children” flown around the country, many at night. Others are shipped by busses, as border patrol agents are hamstrung and overloaded.
So, why can’t those endangering public health and safety be prosecuted using anti-human trafficking and anti-drug trafficking laws? The question is good, the principle is right, but the stretch is long – legally.
In short, those who traffic in persons or drugs – who benefit in any way from official or unofficial complicity, promotion to harboring, are potentially liable for related crimes.
Likewise, those involved in acts of negligence, gross negligence, or recklessness, looking the other way to facilitating not doing their duty, might realistically be held liable.
However, rub in any federal prosecution is three-fold. First, no federal prosecutor, who works for the Attorney General, who works for the President, will bring a charge against a federal employee doing the President’s bidding.
Second, federal laws are specific and require elements hard to prove, even if sensible, that would find a federal employee involved in human or drug trafficking – unless they personally profit, knew they were violating the law, were part of a criminal enterprise, or otherwise clearly contravened federal law.
However, State laws also exist – in every state – against human and drug trafficking. State prosecutors do not work for the US Attorney General or all Democrat governors, so in theory, a law able to describe a criminal act by a federal official, which occurred in or had a result in the State, might open up liability.
That said, this, too, is hard. State laws require specifics – like profiting from the deed – that are likely missing. More, laws like Section 1983, which give citizens a right to sue for violation of civil rights also offer “qualified immunity” to government officials.
What is qualified immunity? The concept goes back to the 1870s, codified in the Section 1983 law. It basically says that a government employee cannot be sued if they (1) believed in good faith their conduct was lawful, or (2) the conduct was objectively reasonable.
A jury might find – if a prosecutor were so bold – letting illegal aliens or those trafficking into the interior was presumptively and objectively unreasonable, but Section 1983 would protect them if the government official “believed in good faith their conduct was lawful.”
Most federal officials, even if dyed-in-the-wool socialists, communists, or anarchists, would likely believe their actions – directed by Biden’s orders – were at least nominally lawful.
The upshot is that we have a Federal Government which, under Biden, is objectively endangering the public health and safety of communities, more so if Title 42 is lifted and contagious aliens are released to the interior – perhaps some with foreign drugs.
On the other hand, these offenses are chiefly political in nature, not profiting government employees, just under politically motivated, indefensible Biden policies.
What is the answer? Public discussion – and a recognition that public health and safety of the nation is in jeopardy if laws we expect to protect us are not enforced, but undermined.
Perhaps more to the point, while Federal and State prosecution is limited, barring personal profit, the answer is clear. It lies at the ballot box – in November.
Good article.
The question becomes “Do we have laws on the books currently, and are they being followed or are they being ignored for political reasons.
The President of the Unites States took an OATH of OFFICE and swore to uphold the Constitution and the laws of the United States, is he living up to that oath or did he LIE and decide to do whatever he wanted?
Is lying during the Oath of Office PERJURY?
His performance since taking office is awash with failures to follow the law and the Constitution! He should be impeached immediately along with the Vice President who is equally in violation of the Oath she took and in addition the Speaker of the House has also shown a complete disregard for the Constitution and her Oath of Office.
When you look at the current Administration all one sees is corruption and dishonesty, the American public has been duped by the Democrat Party!
I have been saying all along the states should meet those planes and busses carrying the illegals and all involved charged with trafficing especially if children are involved.
Thank you .
And they say Putin is guilty of war crimes!
Biden and his Cronies have to go!!!!!!
Start with Majorkas!
Was the pullout of Afghanistan leaving 80 billion in advanced weaponry behind not aiding and abetting the enemy? Treasonous or incompetence?
This article wasted an awful lot of words to say the only way to change things is to vote!
Talk, talk and more talk! So, we have to sit and wait until November? By then, United States may not exist! What we need right now is action! We need a leader! A leader to lead us to TAKE BACK our Country from these Traitors! Is that what all of us want? To wait and listen to more talk and no solutions being offered and to wait? I am a Veteran who took an Oath and I am awaiting my Orders to rise up and fulfill my Oath! What about the rest of you who post on this Forum? Are you awaiting your Orders too and as Veterans to fulfill your Oaths too?
I patiently wait for my orders, Mr. Leader, who you are and wherever you may be! IIPTTSS!
Too much talk, too little action. All chrged with the responsibility to enforce existing laws who fail to do so must be arrested, charged with failure to perform, be prosecuted and, if convicted by a jury of my peers, be put in jail—and, whatever cedentials they possess be terminaed.
By the way, how many think the SCOTUS leak was pre-planned by several malignant actors, not just one, organized and co-ordinated for maximum effect this campaign season?
Joe and all those complicit SHOULD be arrested for both Drug and Human trafficking. The article notes that it’s hard to arrest them because they need to have known they are violating the law. Point 1: Biden is the chief law enforcement member of our government. Part of his job (which he swore an oath to) is to enforce those laws. Not just the ones he thinks are good. And not ignoring those he doesn’t like.
Point 2: Biden has no authority to simply change laws or order people to ignore them and follow his new decree. So his mandates to not follow the laws are in themselves illegal.
Point 3: Biden & Co. are transporting illegal aliens under cover of darkness (middle of the night flights), using undocumented flights/unmarked aircraft, into low use airports landing at 2:00 AM when nobody will be there to see them land, because they are hiding these actions from the people. And why do they need to hide these flights? Because they know what they are doing is illegal.
Point 4: Biden’s decrees have intentionally created a situation at the border where the border patrol is massively overwhelmed by invasion levels of illegals every month (side note: D Day invasion of Europe was about 170K soldiers and the border patrol is catching about 150-160K illegals every month) And because the border patrol is almost completely focused on catching and processing illegal aliens, little to no effort is being spent on stopping illegal drug trafficking. Biden knows his mandates have done this, he knows his mandates have caused illegal drug trafficking levels have skyrocketed, and he does nothing to combat it. So he caused it and he continues to be complicit in it.
So don’t give us any bull crap about Biden & Co. not knowing they are doin something illegal because it’s blatantly obvious he knows the law and its blatantly obvious he knows he violating it.
The real reason they aren’t being arrested is simple. Biden and his corrupt accomplices control the departments that should be arresting them all.
While trafficking would be another charge, I want to see them prosecuted for treason…most especially mayorkas, biden (although he’s a puppet, he’s still this regime’s “face-man”) and harris. They have DELIBERATELY SABOTAGED national security. In addition to traffickers, terrorists are crossing the border. Every single illegal invader is 100% unvetted. Unfortunately, arresting and prosecuting them will require a different AG and a lot of firings at the DOJ.
You have got to be kidding, you have videos galore, you have abundant testimony, you have objects along with captured product what else do you want a committed suicide admitting they are responsible
What else can you expect from dumb issues Joe and the CD whor
YES!
Is there any Civil Law Attorney willing to Represent the American people and file an action against this communist Washington about putting our county into open defiance of our Constitutional rights to legal immigration and safety to our country?
The irrational notion that government officials should be immune from prosecution, no matter how egregious their violations or downright crimes are, needs to be put to rest once and for all. Equality before the law needs to once again apply to all; Democrat as well as Republicans, President, or FBI agent, DOJ, CIA, NSA, ATF, as well as FISA Court judges. Don’t do the crime if you don’t want to do the time! Human trafficking was witnessed by all of the American people when Biden’s DHS midnight flights of illegal aliens into any number of heartland cities were discovered; if that doesn’t constitute trafficking then what does? As opposed to the conjured up charges against President Trump this is a ready made evidential impeachment of Joe Biden and Co. crying out to happen, yesterday!
Biden crime family need to be impeached and tried for Treason agents we the people of the US.
RBC– HAPPY THOUGHTS EXCEPT ONE MAJOR ISSUE. AIN’T NO WAY ANYTHING WILL IMPACT THIS ADMINISTRATION VIA THE COURTS. THEY ARE THE PROTECTED ELITE. YOU ARE CORRECT THAT THE BALLOT BOX SHOULD WIN OUT THIS FALL….. IF THE BALLOT BOX ISN’T CONTAMINATED.
Even the Mexican people in the US do not want the illegals coming over here. Just talk to them they will tell you. The Democrats think they will get the votes but that is not how they think. Now if the Democrats go ahead and cheat at this next election you will see the deaths that a Civil War brings . I don’t believe the Democrats know how pissed off the American people are with all this crap. A lot of people I know and me included will not talk or associate with are Democrat friends, and the biggest reasons are when you defend what the Democrats are doing it means you are ok with lying, cheating, and socialism which means free speech is stifled and we have no rights to have our children in school taught what is important.
If you wish to learn more about what is truly going on in our nation and the world, go to the following site: elijahstreams.com and look at interview with MEL K: 2030- the Great Reset Agenda/Global Reset that has been occurring and the Elite who are behind it. Also check out themelkshow.com site for more information about the good, bad, and ugly of each state as to their status or their support of OWO/GR. 2020 voting fraud, check out Mules2000.com.
I don’t think a discussion will help much but letting our voice be heard at the ballot box will assuming we can have a free and fair election.
Biden made an oath to uphold the laws that make us a safe nation. One of his main responsibilities is to secure our borders. Because his administration refuses to do the job of protecting America, of course, the Republicans need to charge Biden and his administration with the trafficking of people, sex, and drugs. If the Republicans win back the House and Senate, there are no more excuses. We, the American people, supposedly live in a Constitutional Republic — not a giant sanctuary for criminals.
I just don’t get it! Laws were made to protect all people and if they won’t be enforced then why have courts and court rooms? If people do not want to work together for a better end then why do these certain people keep their jobs? They can be fired and they can be told to leave when they don’t do their jobs! I thought america was all about being fair and impartial! Is this what kind of country we have turned into? Let the lawyers steal as much as they can while they hold these jobs? Have we all become animals so much so that it’s alright to create chaos and violence to hide the thieft of America and the general public let’s them get away with it?
biden BREAKS THE LAW EVERY DAY BY NOT ENFORCING THE BORDER, LETTING IN MILLIONS OF illegals THAT ARE CRIMINALS, SICK WITH DISEASE, RAPISTS, MURDERERS, DOMESTIC TERRORISTS, DRUG DEALERS, ETC., ETC. AND YET, he IS NOT PROSECUTED, THIS POS, ANTI-AMERICAN, LYING, CHEATING, liberal president BROKE his OATH OF OFFICE BY NOT ENFORCING THE BORDERS, RUINING OUR ONCE GREAT NATION. THE FULL EFFECTS OF THIS WILL NOT BE READILY APPARRENT FOR SEVERAL YEARS
Public hanging is a cure to public official treason and corruption.
Flag poles are everywhere and they already have rope.
What? Is that too severe for American Justice?
The crooks in office do their dirt on purpose.
It is premeditated.
Just saw My-Jerk-us on TV lying to a Seante committee. The border is secure, don’t you know? We need to keep the great Senile policies, don’t you know?
Hey Folks: When has any fed demo been prosecuted for anything? You think the Repubs are gonna get tough anytime soon? All we can do is hope the Legislative and the Judicial branches of our Government start to do their jobs. Oh,wait, they have both been undermined most recently…….
The last two sentences of this article state the best solution to the Democrat and RINO agenda to
break America, and then to transform it into something akin to the U.S.S.R. Perdition on Earth.
The alternative is to mount a revolution styled on the revolution of 1775. I would prefer the former path but I would consider the later option.
It’s time for Americans to start asking questions about who’s paying crooked Joe Biden and the traitor Democrats to undermine the safety and security of our Republic! Everything that they’ve done or haven’t done clearly shows that they don’t represent or work for the American People. So, WHO DO THEY WORK FOR? My guess is that Joe Biden and the Democrats are in the pockets of and sold their souls to the COMMUNIST CHINESE AND RUSSIA! Even in this sordid, and disgusting society that has taken over control of our destinies, TREASON IS A CRIME THAT SHOULD BE PUNISHABLE BY DEATH! So, what are we waiting for?
What do CRT pushers have to say about child slaves I wonder
Whose idea was it to put a bribing, cheating, lying, stealing, treasonous grifter and his equally worthless grifting family into the most powerful position in the free world.
What could possibly go wrong?
On G.P.
The current administration and more are responsible for trashing our Constitution and forcing the “NWO” on this nation and others at Americans expense. These treasonous bastards should at the very least be rounded up, imprisoned, face trial, and when found guilty, hung by the neck until dead. At the very least they should all be shot!
Goodbye AMAC, your censors have did their job in suppressing free speech and thought.
We hope you’ve enjoyed this article. While you’re here, we have a small favor to ask…
WHAT crap AMAC – yes I sure do ENJOY reading this BS all the time.
Then its never enuf – give us more – especially now with things the way they are, HA!!
What have ALL these articles gotten us anyway – from the looks of the way things are
going and reading all the EPOCH TIMES articles – What a disaster its coming too.
NO matter what the WH Admin has sold us down the river.
I just desire the Lord to say enuf is enuf and put an end to it all. MARANATHA
Thank you Democrat voters. For every Real American who catches a disease and or dies from one due to the illegals your party unleashes upon this country just know their suffering is because of your choices in who you voted for. Don’t be shocked when you and yours are gifted the gift that keeps on giving, diseases from the ones your votes have unleashed upon this country and her people! Again thank you to all who voted and keeps voting Democrat!
Can the American taxpayer file a class action suit against politicians? Many Americans have the same complaint against them. We have a common interest to be heard and sue these liars. Don’t we? Part of the monies we win would go to the border frontier and close it…….
I’ve been screaming silently about this since I heard about the first planeload of illegals transported to other parts of the country. They don’t want to to to Michigan, Main or Montana….they go there then make their way to where they want to be. That’s trafficking by definition.
“the answer is clear. It lies at the ballot box – in November”
You’re kidding, right? The exercise with hacked machines ?
Read Romans Ch. 1. They didn’t want to retain God in their knowledge so they were given over to a reprobate mind. Tell me, how do you measure an inch? By a ruler. Tell me, how does one measure right and/or wrong? God’s Word is our measuring stick … our SOP guide … whereby we measure right and/or wrong. If you do away with a ruler to measure an inch, so that one may say “I think an inch should be the measurement of my hand” … or another says “I think an inch should be the measurement of my dogs tail” … Then every man will create his own measurement. Creating chaos and confusion. Yeah. Try building a house that way. It is the same concept wherewith to measure right/wrong. If you take away the ‘ruler’ of right/wrong, God’s Word, so that every man does what seems right in his own eyes, (what’s right for me might be wrong for you and such and so forth), then we annul any measurement of right/wrong at all. So then there is chaos, confusion … and murder, rape, pedophilia, theft, etc …, then becomes neither right nor wrong.
My point is that, in the world today, many don’t want to retain God in their knowledge, therefore their minds are reprobate. They have no morals, no scruples, no conscience of right/wrong because they do only what seems right in their own eyes. Their minds are literally shot through with holes. They can no longer reason justly. They become filled with pure evil intent … just like the men of Sodom and Gomorrah who, when struck blind at Lot’s door, we’re so intent on their sin, they still searched for the door to get in to do evil to the men (angels) in Lot’s house. (Picture it in your mind. Blind men so intent on their sin, they still bumble around searching for the door)
What we’re seeing in our gov now, and in society, is people who’ve gone raving mad with evil hearts, minds, and spirits … because they didn’t want to retain God in their knowledge. This is a spiritual thing. It’s a soul thing. The end is near. Don’t be distracted by the craziness. Set your mind on Christ. Read His Word. Refocus. Return to your first love. Pray. Pray. Pray.
This is basically what is wrong in America today. As this article points out – we have a two tiered justice system. A legal CITIZEN would be prosecuted, but not our “glorious governing officials”. You would not have to prove jack crap about a “legal citizen” profiting from such actions, they would be thrown in jail, and as this administration has PROVEN, the key would be thrown away if the guilty party is a member of the opposing party. People want to talk about how corrupt other countries governing politicians are, what a joke. I bet we rank right up there with some of the most corrupt.
I realize there are many factors that have been repeated over an over regarding the issues we are all facing to where we are seeing our rights in some cases being infringed totally while in others we are experiencing a never ending onslaught of attacks to reduce and remove our way of life. Also the numerous attempted changes to our education system: ECT however the real issue can and should be addressed which is the TOTAL enforcement of the current laws on the books, period! This new focus point if followed by going after those who have been placed in those positions instead of ranting and raving about their attacks will be the way to get this done. If you question whether or not my approach would work or not, take the lessons from the “LEFT”. Note how they immediately went after the Supreme Court once the leak of the Roe decision to declare it unconstitutional. They were in mass using the media to attempt to pressure the court. Another example is the successes parents have had when they all stood up to the school boards regarding CRT, Sex Ed, Gender crafting, etc. Even though for the most part the MEDIA was silent, many school boards were removed or some of them stepping down. THE QUESTION WHICH APPEARS TO BE THE ELEPHANT IN THE ROOM IS THIS? Is there a person who could take the lead on this as the main spokes person THE LEADER OF THE FREE PEOPLE. Poland did this and removed all of the communist in one 24 hour period. Lech Walesa former president and Solidarity leader did it! This is a working model even by todays standards. One who can and will unite everyone as one unit. . The Tea Party wasn’t as organized as what Lech Walesa was and really did a lot however; when you consider the times of their movement the general population of the USA was under the allusion that our government wasn’t as corrupt so it was very easy for the MEDIA to crush them.
Just reviewing the Trump rallies, school board push-backs, States going after the Federal Government as well as the general remarks I have been reading from everywhere. . People are now awake and in the wings looking for leadership to in-fact take back our country as re-establish the “Rule” of law. . Even this new replacement to AARP, AMAC has taken off and is growing daily as persons realize that AARP is in-face a very LEFT leaning organization is a great gauge of how many people are galvanized and are posed to be directly involved, we just need a few leaders who have national standing and the “Thick Skin” to endure especially the beginning onslaught from the Left Media which is basically communist/marxist and fully funded by them.
Victory is ours if we could find and support these people…
Yes planned since pre swearing in for Biden
The worst piece of garbage to ever enter the DARK House (used to be the White House) of D.C./this sick old man has done everything possible to destroy our beautiful country and in 16 months no less//Hope he and the leftie liberal regime are thrown out of office ASAP along with the Romney RINO/s in the mid term elections and TRUMP destroys this thief in 2024. He and his druggie son Hunter belong in jail for taking $$ that belong to the USA population//SAME for the Clinton/s//
WHERE ARE THE ARTICLES OF IMPEACHMENT TO IMPEACHMENT PRESIDENT BIDEN BECAUSE HE HAS NOT ABIDE ON HIS DUTIES HE SWORED TO UPHOLD LIKE
THE BODER
CRIME
DESTROYING OUR ENERGY INDEPENDENCE
MAKING DEALS WITH OUR ENEMIES NOT ENEMIES TO THEM BECAUSE THE DEMOCRATIC PARTY IS PREDOMINANT MARXIST, SOCIALIST, COMMUNIST.
WOKE
It’s time pay attention to the dog that’s not barking. Given the current focus on human and drug trafficking, are the criminal cartels engaging in this activity also delivering weapons to support what will become an insurgency on American soil?
I have been saying this over and over again. Impeachment
I sincerely hate this idea the citizens must wait for the next election to remove a president that everyone knows is ignoring the law. A president who has directed his administration to ignore the law and take actions to undermine the law.